03/24/2005 02:00 PM Senate LABOR & COMMERCE

          SB 137-EVICTING INSTITUTIONAL PROPERTY USERS                                                                      
                                                                                                                                
CHAIR CON BUNDE announced SB 137 to be up for consideration.                                                                    
                                                                                                                                
JOE  MICHEL, aide  to  Senator Seekins,  sponsor,  said that  the                                                               
university and  certain other institutions  are exempt  under the                                                               
Uniform Resident  Landlord Tenant Act, AS  34.03.330. Despite the                                                               
exemptions, lower  court decisions have interpreted  the statutes                                                               
governing  evictions  to  require  a  court  action  to  evict  a                                                               
resident that refuses to leave one of these exempt facilities.                                                                  
                                                                                                                                
     At the  university, housing privileges are  not revoked                                                                    
     without notice  or without  considerable administrative                                                                    
     process.  The  process  may  include  hearings  and  an                                                                    
     appeals  process to  the Superior  Court. Only  on rare                                                                    
     occasions do  students insist  on remaining  in housing                                                                    
     after  their lease  termination. Even  then significant                                                                    
     efforts are made to avoid confrontation.                                                                                   
                                                                                                                                
He said  that SB  137 clarifies  legislative intent  versus lower                                                               
court opinions.                                                                                                                 
                                                                                                                                
CHAIR BUNDE said there were no questions.                                                                                       
                                                                                                                                
2:09:32 PM                                                                                                                    
SENATOR  BEN  STEVENS  moved  to  pass  SB  137  with  individual                                                               
recommendations and attached fiscal  notes. Senators Ben Stevens,                                                               
Davis  and  Chair  Bunde  voted   yea;  and  SB  137  moved  from                                                               
committee.